RATING THE STATES
Ignition Interlocks Technology exists today that prevents a vehicle from starting if the driver’s blood alcohol concentration exceeds a preset limit. These devices should be required for all drunk driving offenders and should be removed only after showing compliance with a period of “clean” starts. • 28 states and the District of Columbia require ignition interlocks after the first offense • 25 states and the District of Columbia have compliance-based removal as part of their interlock laws, meaning clean tests are required for a set amount of time before the device can be removed. Sobriety Checkpoints Sobriety checkpoints and high-visibility law enforcement campaigns, such as “Drive Sober or Get Pulled Over,” publicize that law enforcement is looking for drunk drivers. • 38 states and the District of Columbia conduct sobriety checkpoints • Checkpoints reduce alcohol-related fatality and injury crashes by 20 percent • A successful checkpoint is one that has deterred drunk driving, in addition to catching drunk drivers Administrative License Revocation (ALR) This critical law enforcement tool removes the immediate threat of a drunk driver harming innocent bystanders. • 41 states and the District of Columbia immediately revoke driving privileges • ALR allows for other administrative action, such as restricted driving privileges or an ignition interlock requirement, to protect the public while offender awaits trial • License suspension alone is not the best long-term solution because 50 to 75 percent of offenders continue to drive after losing their driving privileges, which is why MADD supports interlocks during ALR Child Endangerment Driving drunk with a child passenger is a form of child abuse that should be met with additional penalties. • In 2015, 134 children under age 15 were killed by a drunk driver who was at least 21 years old • 47 states and the District of Columbia have additional penalties for driving drunk with a child passenger • MADD recognizes New York’s Leandra’s Law as the nation’s model child endangerment law Refusals In June 2016, the U.S. Supreme Court affirmed states’ rights to penalize suspected drunk drivers who refuse an alcohol breath test but said warrants must be obtained for blood and urine tests. • 20 percent of suspected drunk drivers refuse a sobriety test • Expedited warrants are needed for law enforcement to collect evidence to help prosecute drunk drivers • 33 states require an ignition interlock or criminalize refusals , eliminating the incentive for a suspected drunk driver to refuse a test
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Mothers Against Drunk Driving monitors progress using a five-star system to rate the states and encourage the adoption of proven countermeasures. This year, MADD added a new half-star feature to provide a more detailed analysis of effective state laws. It is important to note that stars are not weighted equally. While all countermeasures are important to improve a state’s drunk driving laws, we know that ignitioninterlocks and sobriety checkpoints are the two most effective ways to dramatically reduce fatalities and injuries. Individual state information is available on the following pages.
.16BAC
WI
MA
SD
MI
.17BAC
IA
PA
NJ
.10BAC
.10BAC
OH
IN
DC
KY
NC
OK
SC
GA
WA
MT
MN
OR
.16BAC
WI
ID
MI
WY
.17BAC
IA
.10BAC
DC
TX
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5
AK
MT
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MI
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MT
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LA
VT
OR
MN
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WI
ID
NY
MA CT
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RI
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IL
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CO
VA WV
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AR
SC
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MS AL GA
LA
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ME
MT
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NH
ID
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MA
SD
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FL
OH
IN
VA
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